Exercise of the right of preemption and agrarian redemption and claim for alleged violation of the time limit of reasonable duration of trial

It is well known that there are convictions issued against the Italian State for violation of the term of reasonable duration of judicial proceedings capable of causing damage to the party in the case, that is - in general -…

The agrarian way formed by joining lands owned by neighbors

Agrarian roads are characterized by having been formed ex collatione agrorum privatorum, that is, through the contribution of the portions of land facing each other to a roadway, and by being intended for the common and exclusive use of a…

Termination of lease for serious breach of contract: relationship between conditions of claimability and content of dispute

In the event of serious default by the tenant-often due to non-payment of rent-the Legislature has provided, for the protection of the lessor, the latter's right to apply in court for a declaration of contractual termination, by virtue of the…

Mezzadria

Sharecropping is a so-called "partnership" contract by which a landowner grants tenancy of his or her land, including land and farm buildings, to a farmer (so-called sharecropper), with whom he or she shares--usually to the extent of 50 percent each--the…

Actions to defend possession and agrarian contracts

The action of reinstatement or perusal serves a recuperative function, providing protection to the possessor (or holder) who has been deprived, violently or covertly, in whole or in part, of possession of the thing. Recovering function also valid in the…

Right of first refusal compared

Even before the enactment of the relevant legislation, the Civil Code provided in Article 732 of the Civil Code that, in the event of alienation by the co-heir of his or her share or part of it to an outsider,…

Communion and lease

In the agrarian sphere, it is common practice to enter into ultra-nine-year leases, even lasting fifteen years under the Agricultural Law, without this type of agreement losing its effectiveness and relevance to third parties. Law 203 of May 3, 1982,…

Extraordinary repairs under contract

By entering into a lease agreement, mutual rights and duties arise between the parties, which are variously regulated depending on the party of reference and the object of performance. In agrarian matters, although tenancy contracts of rustic land and its…

Sale of undivided share of property

It frequently happens that a property originally owned by a single person, due to inheritance or by inter vivos deed of transfer, comes into the ownership of a plurality of persons, constituting a pro indiviso community over the same property.…

Right of first refusal in case of new lease

The agrarian regulations, in addition to providing for the right of first refusal of the neighboring direct tenant and the tenant himself in case of sale of the neighboring/tenanted land - as respectively regulated - also protect the tenant in…